Roy and Antonette Barnes - Page 24

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          Reducing the risks of participating in tax shelters would                   
          encourage more taxpayers to run those risks, thus undermining               
          rather than enhancing compliance with the tax laws.14                       
               Sixth, petitioners argue that Cochran failed to balance                
          efficient collection with the legitimate concern that collection            
          be no more intrusive than necessary.  We disagree.  Cochran                 
          thoroughly considered this issue on the basis of the information            
          and proposed collection alternative given to her by petitioners.            
          She concluded that “the proposed levy action regarding the                  
          taxpayer represents the only efficient means for collection of              
          the liability at issue”.  While petitioners assert that Cochran             
          did not consider all of their facts and circumstances, “including           
          whether the circumstances of a particular case warrant acceptance           
          of an amount that might not otherwise be acceptable under the               
          Secretary’s policies and procedures”, sec. 301.7122-1(c)(1),                
          Proced. & Admin. Regs., we find to the contrary.  Cochran                   
          thoroughly considered petitioners’ arguments for accepting their            

               14 Nor does the fact that petitioners’ case may be                     
          “longstanding” overcome the detrimental impact on voluntary                 
          compliance that could result from respondent’s accepting                    
          petitioners’ offer-in-compromise.  An example in IRM sec.                   
          5.8.11.2.3 implicitly addresses the “longstanding” issue.  There,           
          the taxpayer invested in a tax shelter in 1983, thereby incurring           
          tax liabilities for 1981 through 1983.  He failed to accept a               
          settlement offer by respondent that would have eliminated a                 
          substantial portion of his interest and penalties.  Although the            
          example, which is similar to petitioners’ case in several                   
          respects, would qualify as a longstanding case by petitioners’              
          standards, the offer was not acceptable because accepting it                
          would undermine compliance with the tax laws.                               




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